Mumbai Court August 1987 Judgments
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Subrao Masnu Kole Vs. Daulat Sahakari Sakhar Karkhana Ltd. and ors.
Court: Mumbai
Decided on: Aug-20-1987
Reported in: (1994)IIILLJ694Bom
H.H. Kantharia, J.1. The petitioner was in the employment of the first respondent as a clerk from 7th March, 1970. He was dismissed with effect from 3rd June, 1975 on the ground that certain charges levelled against him were proved in a domestic enquiry. The petitioner raised an industrial dispute for his reinstatement with continuity of service and back wages. The dispute was referred to the Labour Court at Kolhapur. The learned Labour Judge, on considering the evidence adduced before him, came to a conclusion that two out of the three allegations made against the petitioner were not proved and the third allegation was proved but it did not amount to a misconduct. He was of the opinion that the punishment of dismissal inflicted on the petitioner was too harsh but since the first respondent had reasonable grounds to lose confidence in the petitioner, which did not amount to punishment, he should be deemed to have been retrenched from service from the day of the award made on 26th Febru...
State Trading Corporation of Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-19-1987
Reported in: (1989)(41)ELT328Tri(Mum.)bai
1. This appeal arises out of and is directed against the order No.S/49-435/83M, dated 28.1.84 passed by the Collector of Customs (Appeals'), Bombay. M/s. State Chemicals and Pharmaceuticals Corporation of India Ltd. imported a consignment of 56 drums containing drugs. It appears that 17 drums were originally not landed at the Bombay Port but the importers paid customs duty on 25.1.82. On be half of the importer their clearing agent filed a refund claim dated 5.2.82 in respect of the short-landed 17 drums. Subsequently the State Chemicals and Pharmaceuticals Cor poration of India Ltd. learnt that those 17 drums were over-carried to Cochin and there after landed in Bombay. The clearing agents found the drums damaged. Therefore, there was a survey and the survey disclosed certain shortage. As a result the importers became entitled to the refund of Rs. 5,703.20. The clearing agents made an amended claim dated 27.8.82 amending the grounds on which the refund was sought and also the amount,...
Executors and Trustees of the Vs. Second Wealth-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Aug-19-1987
Reported in: (1988)24ITD211(Mum.)
1. This appeal involves a question of inclusion in the net wealth of the value of certain gold bonds which had matured before the valuation date. The assessee was the holder of National Defence Gold Bonds, 1980, and the date of redemption of these bonds was the 27th October, 1980.The valuation date is 31-3-1981. The assessee had not redeemed them and his contention has been that the value of the Bond is exempt from wealth-tax Under Section 5(1)(xvia). He has pointed out that the Govt.of India by a Press notification dated 23rd March, 1982, had extended the date of redemption of these Bonds up to 30th September, 1982. The Commissioner has considered the Press notification whereunder the repayment facilities were extended. The said Press Notification inter alia states as follows : Some holders of National Defence Gold Bonds, 1980 have not so far tendered their Bonds at the repayment centres. To avoid any inconvenience to them, facilities for delivery of Gold in repayment of these Bonds ...
Kamani Tubes Limited Vs. Kamani Employees Union and ors.
Court: Mumbai
Decided on: Aug-19-1987
Reported in: (1987)89BOMLR417; (1995)IIILLJ345Bom; 1987MhLJ861
Bharucha, J1. The appellant is a public limited company. It employs some 700 workmen at its factory at Kurla and its head office in Bombay. The 1st respondent is the trade union of these workmen. The 1st: respondent filed a complaint in the Industrial Court alleging that the appellant was guilty of the Unfair Labour Practice listed at Item 9 in Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, that is of 'failure to implement award, settlement or agreement'. The 1st respondent complained that the appellants workmen had not been paid wages for the months of Nov. and Dec. 1984 and uptil the date upon which the complaint was filed, i.e., 28th February 1985.2. The Industrial Court noted that there ; was no scope for oral evidence in the complaint and proceeded to dispose it of on arguments. It found it difficult to accept the submission made by counsel on behalf of the appellant that the appellants inability to pay wages would not amo...
Joti Dadu Navale Vs. Manukabai Kashinath Mohite
Court: Mumbai
Decided on: Aug-19-1987
Reported in: AIR1988Bom348; 1987(3)BomCR252
1. The only point which the learned Counsel for the appellant succeeded in putting across to the Court was that he is a champion optimist. I will presently mention the nature of optimism.2. The facts are very simple.One Dadu Tukaram Navale had the misfortune of not only having large property, but also an unrealistic bent of mind actuating him to adopt a very young boy of 33 years of age, a married man at that time at that, as his adoptive son. This adoption took place on 9-6-1958. Immediately thereafter, on 29-9-1958, application for mutation of the name of the adoptive son, defendant in this case, came to be made for entering his name in the Revenue Record. Entry in that behalf was made on 29-9-1958 and it was certified on 23-12-1958. Dadu did not live long thereafter to experience the curse of penitence in full. He died on 28-4-1959, living behind the present respondent, plaintiff in the suit, and the present appellant, defendant in the suit, as his only heirs. As will be presently p...
Avanti Development Company Limited and ors. Vs. State of Maharashtra a ...
Court: Mumbai
Decided on: Aug-19-1987
Reported in: 1988(1)BomCR142; 1988MhLJ81
Ashok Agarwal, J.1. This petition seeks to challenge the order of issue of process for an offence under the payment of Bonus Act, 1965 read with the Rules framed thereunder. It raises a couple of questions of law for my decision viz. whether the cognizance taken by the learned trial Magistrate was without jurisdiction on account of the complaint being barred by limitation and whether the said complaint is lodged by the Government Labour Officer and the Inspector under the Payment of Bonus Act has been instituted by an authority contemplated under section 30 of that Act and consequently whether the trial Magistrate was justified in taking cognizance of the offence contained in that complaint.2. The complaint in question was filed on the 15th July, 1986 alleging offences under section 10 read with sections 19, 26 and 27(4) of the Payment of Bonus Act, 1965 read with Rule 4 (a), (b) and (c) of the Rules framed thereunder. It is alleged that the petitioners are the directors of M/s. Avanti...
In Re: John Wyeth (India) Limited and in Re: Geoffrey Manners and Co. ...
Court: Mumbai
Decided on: Aug-18-1987
Reported in: [1988]63CompCas233(Bom); (1988)ILLJ481Bom
Mrs. Sujata V. Manohar, J.1. Geoffrey Manners and Co. Ltd, who are the petitioners in Company Petition No. 659 of 1986, propose to transfer what is described in the scheme as the 'drug undertaking' of Geoffrey Manners and Co. Ltd. to John Wyeth (India) Ltd. who are the petitioners in Company Petition No. 358 of 1986. Under this scheme, all assets, machinery and equipment as described in the scheme as also leasehold and tenancy rights in the premises occupied by the drug undertaking, permits, quota rights, industrial and other licences relating to the drugs which are being manufactured at the said drug undertaking at Ghatkopar as also all privileges, rights and benefits in relation thereto are being transferred to John Wyeth (India) Ltd. Geoffrey Manners and Co. Ltd. held 60 per cent. of shares in John Wyeth (India) Ltd. It is the case of both the companies that until now, at the said drug undertaking, Geoffrey Manners and Co. Ltd. were manufacturing various drugs for John Wyeth (India)...
Assistant Collector of Customs Randi (P.), Bombay Vs. Shankar Govardha ...
Court: Mumbai
Decided on: Aug-18-1987
Reported in: 1987(3)BomCR708; 1988(15)ECC141; 1989(23)LC230(Bombay); 1988(36)ELT300(Bom)
ORDER1. By this application, the Assistant Collector of Customs has sought the cancellation of the order of bail dt. 5/8/1987 passed by the Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay, whereunder the respondents 1 and 3 were directed to be released on bail in a sum of Rs. 60,000/- and the respondent 2 in the sum of Rs. 40,000/- with a direction that they shall attend the Customs every day between 11 a.m. to 1 p.m. till further orders.2. The brief facts, leading to the filing of the present application, may be stated :-The respondent 1 is employed as loadering supervisor, respondent 2 as casual loader and respondent 3 as operator in Air India, at Bombay. On 22-7-1987, the two suit-cases came to be seized while they were surreptitiously removed by the respondents 1 to 3. The said bags had arrived by Sabena Airways flight No. SN-273. They had stickers attached, by the same were not manifest. On examination, they were found to contain 115 gold bars of ten tolas e...
Asstt. Coll. of Customs Vs. Shankar Govardhan Mohite
Court: Mumbai
Decided on: Aug-18-1987
Reported in: AIR1987Bom160
1. By this application, the Assistant Collector of Customs has sought the cancellation of the order of bail dated 5.8.1987 passed by the Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay, whereunder the respondents No. 1 and 3 directed to be released on bail in a sum of Rs. 60,000 and the respondent No. 2 in the sum of Rs. 40,000 with a direction that they shall attend the customs every day between 11 a.m. and 1 p.m. till further orders.2. The brief facts, leading to the filing of the present application, may be stated :- The respondent No. 1 is employed as loading supervisor, respondent No. 2 as casual loader and respondent No. 3 as operator in Air India, at Bombay. On 22.7.1987, two suitcases came to be seized while they were surreptitiously removed by the respondent Nos. 1 to 3. The said bags had arrived by Sabena Airways flight No. SN-273. They had stickers attached, but the same were not manifested. On examination, they were found to contain 115 gold bars of t...
Ramesh Laxman Raul and ors. Vs. Southern Machine Industries and ors.
Court: Mumbai
Decided on: Aug-18-1987
Reported in: (1993)IIILLJ354Bom
Kantharia, J.1. The petitioners were charge-sheeted by their employer-respondent No. 1 on the allegation that although the workmen on the establishment of the first respondent were ready and willing to work they were prevented by the petitioners from doing so by' threats and coercion. Domestic enquiries were held in these charges and ultimately dismissal orders were passed against the petitioners. They raised industrial disputes in that regard and claimed that they should be reinstated in their original posts with continuity of service and full back wages. The disputes were referred to the first Labour Court, Pune and were numbered Reference (IDA) Nos. 115, 130 and 157 of 1978.2. At the hearing of the aforesaid Reference, a preliminary point was framed whether the domestic enquiries held against the petitioners were in accordance with the principles of natural justice. The learned Presiding Officer of the first Labour Court, Pune, perused the evidence placed before him in that regard a...
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